Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43785 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Vikash Kumar Son of Balram Singh, R/o Village- Badey Hasanpur, P.S.- Jagdispur, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Jagdishpur Police Station Case No. 9 of 2017 registered for offence punishable under section 379 of the Indian Penal Code. The learned counsel for the petitioner submits that the case was registered against unknown. The petitioner is not named in the FIR. His name surfaced in the confessional statement of coaccused, Ramesh Kumar Tanti @ Ramesh Tanti @ Tinku Tanti, who has been allowed bail on 23.06.2017 by a coordinate Bench of this Court in Cr. Misc. No. 28104 of 2017. The tractor, which is subject matter of theft, has already been recovered. The case of the petitioner, who is in custody since 17.5.2017, stands on similar footing.

Patna High Court Cr.Misc. No.43785 of 2017 (2) dt.20-09-2017 2/2 Considering the facts and circumstances of the case, the petitioner-Vikash Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur Police Station Case No. 9 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T